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PC 76-6.~ ~ ~ RESOLUTIOt~ Y0. PC76-f A RESOLIi?IOt~ OF THE CITY PLAt~tJItJG COMMISSTOIJ OF TIiE CITY OF A~4Af1[I!4 T{IAT PETITI01~ FJR VARIANC[ P~O. 2769 BE GRANTED. 4JHEP,EAS, the City Planning Commission of tfie City of Anaheim did receive a verified Petition for Variance from DAV1D AP~D LILLIP,fJ DObI, 1&54 North Tustin, Or•anqe, California 926G5 (O~aners); MARGIE AP~td PIARSI~ALI_, 181t3 West Avenue, Fullerton, California 92633 (Agent) of certain real uroperty situated in the ~ity of Anaheim, County of Orange, State of California, descr~ibed as: The land referred to in this report is situated in the State of Ca7ifornia, County of Orange, and is described as folloivs: Lots 3 and 4 in I31ock A of Tract No. 13, as ner mao recorded in book 9, paqe 12, i~tiscellaneous tlaps, in the office of the county recore~er of said county. EXCEPTING THER[FROht the tlorth 216 feet of the West 404.62 feet, (said distancas being measured to the center ]ine of the streets adjoining on tl~e P~orth and on the Uest). ALSO EXCEPT the most I~ortherly fi6 feet of said land as granted to the State of California in deed recorded in book 41£35~ page 76, Official Records. WFIEREAS, the City Planning Commission did hold a public hearin!7 at tlie City hlall in the City of Anaheim on ~anuary 5~ 197G, at 1:30 p.m., notice of said public hearing having been duly given as required by la~•i and in accordance ~~~ith the provisions of the Anaheim hiunicipal Code, Chapter i3.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings anJ recommendations in connection ~therewith; and 4lIIEREAS. said Commission, after due in~^~~tion, investiqation and study rnade by itsel` and ~n its behalf, and after due consideracior~:,f all evidence and reoorts offered at said hearing, does find and de.termine the roll~.~.:i~9 facts: 1. Tliat the ~etitioner raa,uests the fo11o~•~ing ~~~aiver from the Anaheir~ 1•lunicipal Code, to construct a fotonat facility in the CL (COItrtERCIAL, LIt1ITED) ZO"~E: SECT;OP~ 1t3.Q4.045.014 - ttinimum buildin setback. (35 feet required; 13~eet pronosec 2, That the above-mentioned waiver is hereby granted for a time limitat9on of five years, sub~ect ta revie~•~ and cnnsideration for an extension of time upon written r~quest from the petitioner; said waiver bein~ ~7rarr~ed or. the basis that the structure is a portable building and will be fnr an interir;: use of the subject property, as stipulated to by the petitioner. 3. That there are exceptional or extraordinary circumstances or conditions applicable ta the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the pre~Arvation am: enjoyment of a substantial property right possessed by other propert,y in tne same vicinity and zone, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public welfare or in~urious to the pro~erty or im~rov~ments in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposition; and no corresr,ondence was received in onposition to subject aetition. ENVIROI~~+IEhTAL It1PACT REPOR7 FINDING: That the Director of the Planning Department has deterr~ined that the proposed activity falls within the definition of Section 3.01, Class 3, of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, tlierefore, categorically exempt from the requirement to file an EIR. NOW, Tl~EREFORE, B[ IT RESOLVED that tha Anaheim City Planninq Comr~ission does hereby grant subject Petition for Variance, upon the follo~~in~i conditions which RESOLU7ION ,..:. PC76-G ~ ~ ' are hereby found ~o be a necessary prerequisite to the proposecl. use of the subject property in order to preserve ~the s.~fety and general ~~~elfare of the Citizens of the City of A~~iaheim: 1. That subject pronerty sha11 be develnred substantially in accorciance aiith plans and specifications on file with the City of Anaheim marked Exhibit i~os. ;1 through 7. 2, That this variance is granted for a time limitation of five (5) .Years, subject tr review and co~sideration for an extension of time by the Plann-inf~ Commiss~on and/or City Council, upon ~•iritten request from the netitioner. THE FOREGOING RESQLUTIOtI is signed and approved by me th~s 5th da,y of Jamaary, 1976. ~~ / i/ / . %_LV',°~7' CH IRt N, nr~nilEIii ..IT PL IIIIIi~G C~'1PITSSI0~1 ATT~ST: // l~Y~tt~in.~ ~~ SECRETARY, liWAHEP; CIT'i PLAiU~~Ii~G CO'iF1IS~I0Pl STATE UF CALIfORiIIA ) C~UNTY ~F ORANGE )ss. CITY OF A(~AfICI~t ) I, Patricia B. Scanlan, Secretary of the ~ity Planninq Commission of the City of Nnaheim, do hereby certify tha't tfie fnre9r,in9 resolution i•~as nassed and adopted at a iaeetin~ of the City Planning Gomriission of the.City of Anaheim, held on January 5, 1976, at 1:30 p.r~., by the fol]o~~~ing vote of the members thereof: AYES: C0~411ISSIOi~ERS: BARWES, HERCST, JDHfJSOfl, Y.I(JG, t•10RLEY, TQLAR, FARAtiO (lOES: COP1~tISSIOfdE{2S: P~Of1E ABSE(~T: COt1~1IS5I0flERS: P~OP~E I~7 4lITPJESS blI1EREOF, I have her•eurto set my hand ttiis 5th day of January, 1976 ~/ SECRETAR~t CITY PLAf1t~Itl~ C0~1'tISSIO(I _?_ RESOLUTIOtI N0. PC7G-G